A plaintiff suing for defamation in respect of a publication occurring in a foreign country is not required to plead the applicable foreign law where the plaintiff does not seek to rely on the foreign law for forensic advantage; the plaintiff may rely on the presumption that foreign law is the same as local law. If the defendant wishes to contend that the foreign law differs, the burden falls on the defendant to plead and prove it. A pleaded imputation using the word 'fraudulently' must specify the nature of the alleged fraud with sufficient precision to enable the defendant to plead in answer.
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